CTNF 18/751,549 CTNF 91697 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification The disclosure is objected to because of the following informalities: the title is not descriptive. A new title that would include the inventive features of the claimed invention is respectfully requested. Double Patenting 08-34 AIA Claim s 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-14 and 18-24 of U.S. Patent No. 12,050,119 to Dabak et al .. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims and the reference disclose overlapping subject matter. In this case, the reference claims teaches a first transducer configured to transmit acoustic wave and a second transducer configured to receive acoustic wave (see reference claim 1), while the instant claim 1 teaches a transducer configured to transmit or receive acoustic wave . The instant claims are presented below, and the corresponding features taught by the reference claims are indicated in bolded text below: A device comprising: a flow meter configured to operate in a timeline having a plurality of time intervals, wherein either odd or even ones of the time intervals are acoustic flow rate measurement intervals, and wherein the other of the odd or even ones of the time intervals are data communication intervals, (reference claim 1) the flow meter including: a controller; and (reference claim 1) a transducer configured to transmit or receive first acoustic waves during a first flow rate measurement interval of the acoustic flow rate measurement intervals; (reference claim 1) wherein the controller is configured to determine a flow rate measurement based on the first acoustic waves; (reference claim 1) wherein the transducer is configured to transmit second acoustic waves during a first data communication interval of the data communication intervals, the second acoustic waves representing data that includes the flow rate measurement; and (reference claim 1) wherein, during a second data communication interval of the data communication intervals, the flow meter is configured to receive synchronization data comprising a synchronization marker. (reference claim 1) 2. The device of claim 1, wherein the first acoustic waves and the second acoustic waves are transmitted at a same frequency. (reference claim 2) 3. The device of claim 1, wherein the first acoustic waves and the second acoustic waves are transmitted at an ultrasonic frequency. (reference claim 3) 4. The device of claim 1, wherein the first acoustic waves and the second acoustic waves are transmitted at approximately 1.3 MHz. (reference claim 4) 5. The device of claim 1, comprising another transducer coupled to the controller and configured to transmit third acoustic waves at an incidence angle for guided waves. (reference claim 5) 6. The device of claim 1, wherein the flow meter is configured to transmit further synchronization data based on the received synchronization data to a further flow meter during a third data communication interval of the data communication intervals. (reference claim 6) 7. The device of claim 1, wherein the flow meter is configured to receive synchronization data once a week or once a month during a respective data communication interval of the data communication intervals. (reference claim 7) 8. The device of claim 1, wherein the flow meter is configured to receive further data from a further flow meter, wherein the second acoustic waves further comprise the further data. (reference claim 8) 9. The device of claim 1, wherein the flow meter is configured to adjust an internal clock of the device based on the synchronization data. (reference claim 9) 10. The device of claim 1, wherein the second acoustic waves are modulated using frequency shift keying (FSK), binary phase shift keying (BPSK), or quadrature phase shift keying (QPSK). (reference claim 10) 11. The device of claim 1, further comprising a conduit structure having an inside surface and an outside surface, the conduit structure defining a flow path therethrough for a fluid, wherein the transducer is arranged at a first position on the inside surface of the conduit structure so that the transducer is exposed to the fluid when the fluid is present in the conduit structure. (reference claim 11) 12. The device of claim 11, wherein the fluid comprises a liquid. (reference claim 12) 13. The device of claim 11, wherein the fluid comprises a gas. (reference claim 13) 14. The device of claim 11, wherein the flow path includes a first flow path, and wherein the conduit structure includes a first conduit portion corresponding to the first flow path, wherein the first conduit portion extends in a first direction, and wherein the first position at which the transducer is arranged is a first axial position along the first conduit portion. (reference claim 14) 15. The device of claim 14, wherein the flow path includes a second flow path, and the conduit structure includes a second conduit portion corresponding to the second flow path, wherein the second conduit portion extends in a second direction different from the first direction, and wherein another transducer is arranged on the inside surface of the second conduit portion of the conduit structure. (reference claim 18) 16. The device of claim 15, wherein the first and second conduit portions are fluidly coupled to each other. (reference claim 19) 17. The device of claim 16, wherein the conduit structure includes a T-junction. (reference claim 20) 18. The device of claim 16, wherein the conduit structure includes a pipe joint. (reference claim 21) 19. The device of claim 16, wherein the first and second directions are substantially perpendicular. (reference claim 22) 20. The device of claim 11, wherein the flow meter includes another transducer arranged on the outside surface of the conduit structure, the another transducer coupled to the controller and configured to transmit third acoustic waves. (reference claim 23) 21. The device of claim 20, wherein the another transducer is configured to transmit the third acoustic waves at an incidence angle for guided waves. (reference claim 24) 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention. Regarding claim 1 , the claim discloses that “the controller is configured to determine a flow rate measurement based on the first acoustic waves” but does not define whether the flow rate measurement is determined based on the received waves or the transmitted waves because the claim only recites that the “transducer configured to transmit or receive”. The Specification dated 06/24/2024 appears to disclose using two different transducers for measuring time-of-flight of the ultrasonic pressure waves (see at least paragraph section [0013]). The written specification does not appear to disclose a flow meter using only one transducer for flow rate measurement. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements (see MPEP § 2172.01). The omitted elements are: the complementary transducer to receive the transmitted waves or to generate and transmit the transmission waves. The claim recites “transmit or receive first acoustic waves” and “transmit second acoustic waves” by the transducer but does not clearly define or exclude whether the first acoustic waves would contain data including the flow rate measurements or not; or that the second acoustic waves would contain information in addition to the data including flow rate measurements. The claim also recites that “flow rate measurement [is determined] based on first acoustic waves”. Therefore, the first acoustic waves can be considered as containing data including the flow rate measurements. Since the acoustic waves are transmitted at the same frequency (see claim 2), the claims do not appear to sufficiently differentiate the data contained by the first acoustic wave from the data contained by the second acoustic wave. In particular, the claim does not appear to define that the first acoustic wave generator is different from the second acoustic wave generator. Claims 2-21 are rejected as being dependent on the rejected base claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1-10, 12-13, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Dugger et al. (Pat. No. US 8,489,342) (hereafter Dugger) in view of Ong et al. (Pat. No. US 7,319,411) (hereafter Ong) . Regarding claim 1 , Dugger teaches a device comprising: a flow meter configured to operate in a timeline having a plurality of time intervals, wherein either odd or even ones of the time intervals are acoustic flow rate measurement intervals, and wherein the other of the odd or even ones of the time intervals are data communication intervals (please note that Specification dated 06/24/2026 teaches that the time multiplexing used for when flow measurement and communication are transmitted at the same frequency and is not need when flow measurement and communication are transmitted at different frequencies, which is a design’s choice (see paragraph sections [0015]-[0016]), the flow meter including: a controller (i.e., processing system/processor 202 operably coupled to the transducers 110) (see Fig. 2); and a transducer configured to transmit or receive first acoustic waves during a first flow rate measurement interval of the acoustic flow rate measurement intervals (i.e., a transmit (Tx) ultrasonic transducer 110 or a receive (Rx) ultrasonic transducer 110b) (see Fig. 1C); wherein the controller is configured to determine a flow rate measurement based on the first acoustic waves (i.e., the processing system can determine the flow rate by measuring the frequency shift or the difference in phase (phase delay) between the transmitted and received VW or chirped signals) (see Column 6, lines 33-64); but does not explicitly teach second acoustic waves. Regarding the second acoustic waves, Ong teaches a timeline having a plurality of time intervals (i.e., Wake-up circuitry in communication with transducer 119 provides functionality as described to activate a node in hibernation mode, or to periodically awaken the node according to random or equally spaced time intervals, to engage one or more of the sensor elements to collect information) (see Column 16, lines 37-53) and that the transducer is configured to transmit second acoustic waves during a first data communication interval of the data communication intervals (i.e., acoustically emitting from each of the node assemblies, the modulated signals through the liquid environment to a third node assembly of the network) (see Column 8, line 37, to Column 9, line 9), the second acoustic waves representing data that includes the flow rate measurement (i.e., local node processing can include: converting any sensor information acoustically received thereby, into a collection of data about the liquid environment; converting electrical signals (whether the signals represent the collection of data, or sensing information collected at that, or another, node) into modulated signals; and further converting the modulated signals into a series of voltage pulses representing an encoding of the signals, suitable for emitting by the transducer) (see Column 7, lines 27-67); and wherein, during a second data communication interval of the data communication intervals, the flow meter is configured to receive synchronization data comprising a synchronization marker (i.e., after the sensor node is powered on, the co-controller actively waits for an incoming signal, be it from the main controller or transducer. If the co-controller receives a signal from the main controller, it will synchronize its reading speed with the baud rate of the data) (see Column 19, lines 35-61). In view of the teaching of Ong, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the controller to awaken and synchronize the sensor nodes at periodic intervals in order to collect and transmit as much data and measurement information as optimally possible, so as to enhance the efficiency and accuracy of the system. Regarding claims 2-4 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach that the first acoustic waves and the second acoustic waves are transmitted at a same frequency (claim 2); or wherein the first acoustic waves and the second acoustic waves are transmitted at an ultrasonic frequency (claim 3); or wherein the first acoustic waves and the second acoustic waves are transmitted at approximately 1.3 MHz (claim 4). However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention have selected the optimal frequency or frequencies for the transmitted signals depending on the application or operating environment of the transducer. Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 (II-B)). Please note that the specification explicitly teaches that different frequencies may be used for communication and fluid velocity measurement for simultaneous transmission and that the same frequencies may be used for time multiplexed communications, which appears to be a design’s choice (see specification dated 06/24/2024, paragraph sections [0015]-[0016]). Regarding claim 5 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach another transducer coupled to the controller and configured to transmit third acoustic waves at an incidence angle for guided waves. However, Ong teaches another transducer coupled to the controller and configured to transmit third acoustic waves at an incidence angle for guided waves (i.e., node assembly 22 is in acoustic intercommunication 56 to node 52 as well as an unlabeled furthest-outlying node, wherein the node 52 would incorporate sensor interface circuitry to provide interface functionality between each of the various sensing elements and acoustic transducer interface circuitry 55 provides interface functionality between each of the various acoustic transducer units) (see Fig. 3). In view of the teaching of Ong, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention to have added additional sensor nodes in order to collect more data in an environment or area. Regarding claims 6-9 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach that the flow meter is configured to transmit further synchronization data based on the received synchronization data to a further flow meter during a third data communication interval of the data communication intervals (claim 6); or wherein the flow meter is configured to receive synchronization data once a week or once a month during a respective data communication interval of the data communication intervals (claim 7); or wherein the flow meter is configured to receive further data from a further flow meter, wherein the second acoustic waves further comprise the further data (claim 8); wherein the flow meter is configured to adjust an internal clock of the device based on the synchronization data (claim 9). However, Ong teaches that the flow meter is configured to transmit further synchronization data based on the received synchronization data to a further flow meter during a third data communication interval of the data communication intervals (claim 6) (i.e., After the sensor node is powered on, the co-controller actively waits for an incoming signal, be it from the main controller or transducer. If the co-controller receives a signal from the main controller, it will synchronize its reading speed with the baud rate of the data) (see Column 19, lines 35-61); wherein the flow meter is configured to receive synchronization data once a week or once a month during a respective data communication interval of the data communication intervals (claim 7) (i.e., wake-up circuitry in communication with transducer 119 provides functionality as described to activate a node in hibernation mode, or to periodically awaken the node according to random or equally spaced time intervals, to engage one or more of the sensor elements to collect information) (see Column 16, lines 37-53); wherein the flow meter is configured to receive further data from a further flow meter, wherein the second acoustic waves further comprise the further data (claim 8) (i.e., After receiving an activation message from a neighboring node, that node will be stored as a parent. After all sensor modules within a node are interrogated the program code may combine the response of all sensor elements into one data package, add the identity of its parent as the destination and its own identity as the origin, and then transmit the data package) (see Column 18, lines 35-61); wherein the flow meter is configured to adjust an internal clock of the device based on the synchronization data (claim 9) (i.e., If the co-controller receives a signal from the main controller, it will synchronize its reading speed with the baud rate of the data) (see Column 19, lines 35-61). In view of the teaching of Ong, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the controller to awaken and synchronize the sensor nodes at periodic intervals in order to collect and transmit as much data and measurement information as optimally possible, so as to enhance the efficiency and accuracy of the system. Regarding claim 10 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach that the second acoustic waves are modulated using frequency shift keying (FSK), binary phase shift keying (BPSK), or quadrature phase shift keying (QPSK). However, Ong teaches that the second acoustic waves are modulated using frequency shift keying (FSK), binary phase shift keying (BPSK), or quadrature phase shift keying (QPSK). (i.e., The converting of electrical signals into modulated signals may include employing a version of any of a number of suitable techniques such as those known and referred to in the field of communications as: On-Off Keying (OOK), Digital Pulse Interval Modulation (DPIM), Phase-shift Keying (PSK), Frequency-shift Keying (FSK), Amplitude-shift Keying (ASK), Quadrature Phase-shift Keying (QPSK), Quadrature Amplitude Modulation (QAM), and Multiple Frequency-shift Keying (MFSK)) (see Column 7, lines 17-67). In view of the teaching of Ong, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected suitable signal modulation technique in order to expand the channel capacity and to support higher communication speed. Regarding claim 12, Dugger teaches that the fluid comprises a liquid (i.e., a lumen containing flowing fluid (e.g., water, gas, oil, or sewage)) (see Column 4, lines 49-60). Regarding claim 13 , Dugger teaches that the fluid comprises a gas (i.e., a lumen containing flowing fluid (e.g., water, gas, oil, or sewage)) (see Column 4, lines 49-60). Regarding claims 20 and 21 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach that the flow meter includes another transducer arranged on the outside surface of the conduit structure, the another transducer coupled to the controller and configured to transmit third acoustic waves (claim 20); wherein the another transducer is configured to transmit the third acoustic waves at an incidence angle for guided waves (claim 21). However, Ong teaches that the flow meter includes another transducer arranged on the outside surface of the conduit structure, the another transducer coupled to the controller and configured to transmit third acoustic waves (claim 20); wherein the another transducer is configured to transmit the third acoustic waves at an incidence angle for guided waves (claim 21) (i.e., node assembly 22 is in acoustic intercommunication 56 to node 52 as well as an unlabeled furthest-outlying node, wherein the node 52 would incorporate sensor interface circuitry to provide interface functionality between each of the various sensing elements and acoustic transducer interface circuitry 55 provides interface functionality between each of the various acoustic transducer units) (see Fig. 3). In view of the teaching of Ong, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention to have added additional sensor nodes in order to collect more data in an environment or area . 07-21-aia AIA Claim s 11 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Dugger et al. (Pat. No. US 8,489,342) (hereafter Dugger) in view of Ong et al. (Pat. No. US 7,319,411) (hereafter Ong) and in further view of Schaffer et al. (Pat. No. US 7,194,363) (hereafter Schaffer) Regarding claim 11 , Dugger teaches a conduit structure having an inside surface and an outside surface (i.e., pipe 10) (see Fig. 1A), the conduit structure defining a flow path therethrough for a fluid (i.e., the pipe 10 defines a lumen containing flowing fluid) (see Fig. 1A); but does not explicitly teach that the transducer is arranged at a first position on the inside surface of the conduit structure so that the transducer is exposed to the fluid when the fluid is present in the conduit structure. However, Schaffer teaches that the transducer is arranged at a first position on the inside surface of the conduit structure so that the transducer is exposed to the fluid when the fluid is present in the conduit structure (i.e., ultrasonic transducers 30. In operation, each ultrasonic transducer 3 transmits an ultrasonic signal 9 into the pipe, wherein depending on the design ultrasonic flowmeters use either wetted or not-wetted transducers on the pipe perimeter to couple ultrasonic energy with the fluid in the pipe) (see Column 1, lines 12-17; and Fig. 1). In view of the teaching of Schaffer, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have arranged the transducers in either a wetted or non-wetted arrangement relative to the fluid in the pipe in order to provide a redundancy measure, so as to ensure the accuracy of the flowmeter. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art (see MPEP 2144.04 (VI-C)). Regarding claims 14-19 , Dugger as modified by Ong as disclosed above does not directly or implicitly teach that the flow path includes a first flow path, and wherein the conduit structure includes a first conduit portion corresponding to the first flow path, wherein the first conduit portion extends in a first direction, and wherein the first position at which the transducer is arranged is a first axial position along the first conduit portion (claim 14); wherein the flow path includes a second flow path, and the conduit structure includes a second conduit portion corresponding to the second flow path, wherein the second conduit portion extends in a second direction different from the first direction, and wherein another transducer is arranged on the inside surface of the second conduit portion of the conduit structure (claim 15); wherein the first and second conduit portions are fluidly coupled to each other (claim 16); wherein the conduit structure includes a T-junction (claim 17); or wherein the conduit structure includes a pipe joint (claim 18); or wherein the first and second directions are substantially perpendicular (claim 19). In this case, the claims appear to be disclosing the arrangement of a conduit structure (a.k.a., a pipe or piping, comprising pipe segments configured to couple to one another forming fluid flow path or multiple fluid flow paths), the mounting arrangement of the transducer(s), and the flow arrangements (a.k.a. T-junction). These claims do not appear to disclose the specific construction or structural arrangement of the flow measuring device itself (a.k.a. the transducer(s)) that would be non-obvious over the prior arts. Instead, rearrangement of the conduit structure and relocation of the transducer(s) with respect to the conduit structure involves only routine skill in the art (see MPEP 2144.04(VI-C)) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : see PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAN M. TRAN whose telephone number is (571)270-0307. The examiner can normally be reached Mon-Fri 11:30am - 7:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached on (571)-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Tran M. 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